Alan Dershowitz writes: In his testimony former FBI director James Come echoed a view that I alone have been expressing for several weeks, and that has been attacked by nearly every Democratic pundit.

Comey confirmed that under our Constitution, the president has the authority to direct the FBI to stop investigating any individual. I paraphrase, because the transcript is not yet available: the president can, in theory, decide who to investigate, who to stop investigating, who to prosecute and who not to prosecute. The president is the head of the unified executive branch of government, and the Justice Department and the FBI work under him and he may order them to do what he wishes.

As a matter of law, Comey is 100 percent correct. As I have long argued, and as Comey confirmed in his written statement, our history shows that many presidents—from Adams to Jefferson, to Lincoln, to Roosevelt, to Kennedy, to Bush 1, and to Obama – have directed the Justice Department with regard to ongoing investigations. The history is clear, the precedents are clear, the constitutional structure is clear, and common sense is clear.

Yet virtually every Democratic pundit, in their haste to “get” President Trump, has willfully ignored these realities. In doing so they have endangered our civil liberties and constitutional rights.

Now that even former Director Comey has acknowledged that the Constitution would permit the president to direct the Justice Department and the FBI in this matter, let us put the issue of obstruction of justice behind us once and for all and focus on the political, moral, and other non-criminal aspects of President Trump’s conduct.

Comey’s testimony was devastating with regard to President Trump’s credibility – at least as Comey sees it. He was also critical of President Trump’s failure to observe the recent tradition of FBI independence from presidential influence. These are issues worth discussing but they have been distorted by the insistence of Democratic pundits that Trump must have committed a crime because they disagree with what he did politically … (read more)